A high percentage of legally literate people is one of the distinguishing points not only of modern Russia, but also of the modern world. Citizens are guaranteed constitutional rights, federal laws and regulations have been developed and adopted for them, establishing a number of requirements for organizing activities in all areas of society.
The scope of education is no exception. Since September 2013, a new education law has been in force. The rights of participants in educational relations have been significantly expanded (students, parents / representatives of minor students, the teaching staff and the administration of organizations engaged in educational activities). In addition, due to an increase in the birth rate, the population’s need for providing places in kindergartens and schools has sharply increased, and the load on educational organizations and teachers in particular has increased.
In this situation, many citizens have claims to educational organizations. One of the solutions to the problem is a complaint to the Ministry of Education.
Like any other official document, a complaint requires competent preparation and preparation. How to write a complaint to the Ministry of Education? To whom and where to write? Is it obligatory to complain immediately to the state executive authority? Answers to these and other questions are contained in the article.
Is it mandatory to write a complaint?
First of all, you need to carefully evaluate the situation and decide for yourself: to complain or not. To do this, you need to reconsider your position on the following points.
First, make sure the truth is really on your side. Sometimes situations arise when the educational organization operates within the legal framework, but still causes parental discontent. In this case, the complaint is unlikely to solve the problem, and relations with the educational organization will be irrevocably damaged. To do this, you should carefully familiarize yourself with the law and by-laws, local acts of the organization (if any). Only with full confidence in the organization’s illegal actions should a complaint be written to the Ministry of Education. If the dry language of the law is incomprehensible, then you should find a person competent in this matter and able to advise.
Secondly, before writing a complaint to the Ministry of Education, other options for solving the problem should be considered. Below are the main ones.
Alternative solutions to the situation
The position of the administration of the educational organization should be voiced. Perhaps the leader does not even know about your difficulties. In this case, the administration of the organization will try to solve the problem. It should be noted that the vast majority of adequate leaders in the field of education are interested in solving difficult situations at their level. They do not need the consequences of a complaint to the Ministry of Education, which is fraught with litigation, precepts, and in some cases even fines.
The second alternative way to resolve the issue is to contact the Dispute Resolution Commission. The commission is provided for by the provisions of the law and pursues one goal - the solution of conflict situations at the level of an educational organization.The commission acts on the basis of the local regulatory act of the institution and includes an equal number of representatives / participants in educational relations: students (parents, legal representatives of minor students), the pedagogical community, administration and other employees of the organization.
Grounds for writing a complaint
As mentioned above, a complaint to the Ministry of Education must have reinforced concrete grounds. Consider the most common of them.
Illegal collection of funds from students and parents for purposes whose financial support is assigned to the organization. The most striking examples are the protection of the organization, the repair of classrooms, the acquisition of textbooks. The organization does not have the right to demand the obligatory payment of funds. This procedure can be carried out exclusively on a voluntary basis. In such a situation, a complaint is written to the Ministry of Education about the director of the school or other organization engaged in educational activities.
Illegal refusal to enroll in an educational organization. The right to study in an educational organization belongs to children living in the territory assigned to it. The most common these situations in the field of preschool education due to the lack of free places in kindergartens. This situation is the basis for a complaint to the Ministry of Education about kindergarten.
The extremely low quality of the provision of educational services and behavior not worthy of the status of a teacher. The child has the right to protection from all forms of mental and physical violence, respect for human dignity. No one has the right to insult him and use physical force on him. In this case, a complaint is written to the Ministry of Education against the teacher.
Who should I write to?
After applying to the Dispute Resolution Commission, you need to contact the founder of the organization. Most often, they are the structural unit of the administration of the municipality, which oversees the field of educational relations. The founder is quite capable of constructively solving the situation at his own level.
The next step is a public authority that exercises authority in the field of education in the territory of a subject of the Russian Federation. Most often, this is the Ministry of Education of the subject. Typically, a complaint can be filed either in writing or electronically.
The last step is the Ministry of Education and Science of the Russian Federation. When filing a complaint with the federal authority, it should be understood that in most cases, such complaints of jurisdiction are returned for consideration to the subject, but have already been put under control by Moscow.
How to issue?
There are no unified requirements, as well as a standard complaint to the Ministry of Education. When submitting an appeal, be sure to consider the provisions of the Federal Law "On the Procedure for Considering Citizens' Appeals." The appeal should not be anonymous (the identity of the applicant is indicated), should contain information on the merits, as well as contact information for feedback. It should be understood that the completeness and reliability of the information presented directly affects the quality of consideration of the appeal. For example, the indicated mobile phone number allows you to quickly contact the applicant to clarify the details of his complaint.
A sample complaint about a kindergarten is given as an example. If necessary, by analogy, you can make other complaints. The form is not strictly established, but can be taken as a basis.
How to send?
You can send an appeal in three ways.
The first is on purpose. In this option, the complaint is personally delivered by the applicant to the executive authority. Please note that the complaint is recorded. The term for consideration begins from the moment of its official registration.
The second way is by post.It is necessary to write the text of the complaint, sign and date it, put it in an envelope and drop it in the mailbox. The rest of the work will be done by the Russian Post.
The third and most convenient option is to use e-mail. The contact information of the ministry is indicated on its official website. In addition, you can file a complaint with the federal and many regional ministries of education by clicking on a special link.
How long to wait for an answer?
According to the Federal Law "On the Procedure for Considering Citizens' Appeals," the maximum term for considering an application is 30 days. In addition, in some cases the applicant may be sent an “interim” letter indicating the measures taken (for example, preparation for an unscheduled audit of the organization).
What to do if the problem remains
If the Ministry of Education was not able to solve the problem, then an alternative may be an appeal to the prosecutor's office, to the ombudsman for children, or to the courts.